-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS.
SUBCHAPTER A. GENERAL PROVISIONS.
§25.1. Purpose and Scope of Rules.
(a) Mission of the Public Utility Commission of Texas
(commission).
(b)
§25.2. Cross-Reference Transition Provision.
§25.3. Severability Clause.
(a)
(b)
§25.4. Statement of Nondiscrimination.
(a)
(b)
§25.5. Definitions.
§25.6. Cost of Copies of Public Information.
§25.8. Classification System for Violations of Statutes, Rules,
and Orders
Applicable to Electric Service Providers.
SUBCHAPTER B. CUSTOMER SERVICE AND PROTECTION.
§25.21. General Provisions of Customer Service and Protection
Rules.
(a) Application.
(b) Purpose.
(c) Definitions.
§25.22. Request for Service.
§25.23. Refusal of Service.
(a) Acceptable reasons to refuse service.
(b) Applicant's recourse.
(c) Insufficient grounds for refusal to serve.
§25.24. Credit Requirements and Deposits.
(a) Credit requirements for permanent residential
applicants.
(b) Credit requirements for non-residential applicants.
(c) Initial deposits.
-
(d) Additional deposits.
(e) Deposits for temporary or seasonal service and for
weekend
residences.
(f) Amount of deposit.
(g) Interest on deposits.
(h) Notification to customers.
(i) Records of deposits.
(j) Guarantees of residential customer accounts.
(k) Refunding deposits and voiding letters of guarantee.
(l) Re-establishment of credit.
(m) Upon sale or transfer of utility or company.
§25.25. Issuance and Format of Bills.
(a) Frequency of bills.
(b) Billing information.
(c) Bill content.
(d) Estimated bills.
(e) Record retention.
(f) Transfer of delinquent balances.
§25.26. Spanish Language Requirements.
(a) Application.
(b) Written plan.
§25.27. Retail Electric Service Switchovers.
(a) Right to switchover.
(b) Definitions.
(c) Documentation.
(d) Notice of switchover options.
(e) Partial switchover.
(f) Full switchover.
(g) Complaint.
(h) Compliance tariff provisions.
§25.28. Bill Payment and Adjustments.
(a) Bill due date.
(b) Penalty on delinquent bills for retail service.
(c) Overbilling.
(d) Underbilling.
-
(e) Disputed bills.
(f) Notice of alternate payment programs or payment
assistance.
(g) Level and average payment plans.
(h) Payment arrangements.
(i) Deferred payment plans.
(j) Recovery of costs associated with burned veteran payment
assistance program.
§25.29. Disconnection of Service.
(a) Disconnection policy.
(b) Disconnection with notice.
(c) Disconnection without prior notice.
(d) Disconnection prohibited.
(e) Disconnection on holidays or weekends.
(f) Disconnection due to electric utility abandonment.
(g) Disconnection of ill and disabled.
(h) Disconnection of energy assistance clients.
(i) Disconnection during extreme weather.
(j) Disconnection of master-metered apartments.
(k) Disconnection notices.
(l) Electric service disconnection of a non-submetered master
metered
multifamily property.
§25.30. Complaints.
(a) Complaints to the electric utility.
(b) Supervisory review by the electric utility.
(c) Complaints to the commission.
§25.31. Information to Applicants and Customers.
(a) Information to applicants.
(b) Information regarding rate schedules and classifications
and
electric utility facilities.
(c) Customer information packets.
§25.33. Prompt Payment Act.
(a) Application.
(b) Time for payment by a governmental entity.
(c) Disputed bills.
(d) Interest on overdue payment.
(e) Notice.
-
§25.41. Price to Beat.
(a) Applicability.
(b) Purpose.
(c) Definitions.
(d) Price to beat offer.
(e) Eligibility for the price to beat.
(f) Calculation of the price to beat.
(g) Adjustments to the price to beat.
(h) Non-price to beat offers.
(i) Threshold targets.
(j) Prohibition on incentives to switch.
(k) Disclosure of price to beat rates.
(l) Filing requirements.
§25.43. Provider of Last Resort (POLR).
(a) Purpose.
(b) Application.
(c) Definitions.
(d) POLR service.
(e) Standards of service.
(f) Customer information.
(g) General description of POLR service provider selection
process.
(h) REP eligibility to serve as a POLR provider.
(i) VREP list.
(j) LSPs.
(k) Designation of an LSP affiliate to provide POLR service on
behalf of
an LSP.
(l) Mass transition of customers to POLR providers.
(m) Rates applicable to POLR service.
(n) Challenges to customer assignments.
(o) Limitation on liability.
(p) REP obligations in a transition of customers to POLR
service.
(q) Termination of POLR service provider status.
(r) Electric cooperative delegation of authority.
(s) Reporting requirements.
(t) Notice of transition to POLR service to customers.
(u) Market notice of transition to POLR service.
-
(v) Disconnection by a POLR provider.
(w) Deposit payment assistance.
§25.44. Privacy of Advanced Metering System Information.
§25.45. Low-Income List Administrator.
(a) Purpose.
(b) Application.
(c) Customer identification process.
(d) Responsibilities.
(e) Confidentiality of information.
(f) Delegation of authority.
(g) REP annual election process.
SUBCHAPTER C. INFRASTRUCTURE AND RELIABILITY.
§25.51. Power Quality.
(a) Voltage variation.
(b) Frequency variation.
(c) Harmonics.
(d) Power quality monitoring.
(e) Voltmeters and voltage surveys.
§25.52. Reliability and Continuity of Service.
(a) Application.
(b) General.
(c) Definitions.
(d) Record of interruption.
(e) Notice of significant interruptions.
(f) Priorities for Power Restoration to Certain Medical
Facilities.
(g) System reliability.
§25.53. Electric Service Emergency Operations Plans.
(a) Application.
(b) Filing requirements.
(c) Information to be included in the emergency operations
plan.
(d) Drills.
(e) Emergency contact information.
(f) Reporting requirements.
-
(g) Copy available for inspection.
(h) Electric cooperatives.
(i) Effective date.
§25.54. Cease and Desist Orders.
(a) Application.
(b) Authority to issue order.
(c) Delegation of authority.
(d) Procedure.
SUBCHAPTER D. RECORDS, REPORTS, AND OTHER REQUIRED
INFORMATION.
§25.71. General Procedures, Requirements and Penalties.
(a) Who shall file.
(b) Initial reporting.
(c) Maintenance and location of records.
(d) Report attestation.
(e) Information omitted from reports.
(f) Due dates of reports.
(g) Special and additional reports.
(h) Penalty for refusal to file on time.
§25.72. Uniform System of Accounts.
(a)
(b) Classification.
(c) System of accounts.
(d) Other system of accounts.
(e) Merchandise accounting.
(f) Accounting period.
(g) Rules related to capitalization of construction costs.
§25.73. Financial and Operating Reports.
(a) Annual reports.
(b) Annual earnings report.
(c) Securities and Exchange Commission reports.
(d) Duplicate information.
-
§25.74. Report on Change in Control, Sale of Property, Purchase
of Stock,
or Loan.
(a)
(b)
(c)
(d)
(e)
(f)
§25.76. Gross Receipts Assessment Report.
§25.77. Payments, Compensation, and Other Expenditures.
§25.78. State Agency Utility Account Information.
(a) Application.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
§25.79. Equal Opportunity Reports.
(a)
(b)
(c)
(d)
(e)
§25.80. Annual Report on Historically Underutilized
Businesses.
(a)
(b)
(c)
(d)
§25.81. Service Quality Reports.
§25.82. Fuel Cost and Use Information.
§25.83. Transmission Construction Reports.
(a) General.
(b) Reporting of projects that require a certificate.
-
(c) Reporting of projects not requiring a certificate.
(d) Reporting requirements for emergency projects.
§25.84. Annual Reporting of Affiliate Transactions for Electric
Utilities.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Annual report of affiliate activities.
(e) Copies of contracts or agreements.
(f) Tracking migration of employees.
(g) Annual reporting of informal complaint resolution.
(h) Reporting of deviations from the code of conduct.
(i) Annual update of compliance plans.
§25.85. Report of Workforce Diversity and Other Business
Practices.
(a) Purpose.
(b) Application.
(c) Terminology.
(d) Annual progress report of workforce and supplier
contracting.
(e) Filing requirements.
(f) Contents of the report.
(g)
(h)
§25.88. Retail Market Performance Measure Reporting.
(a) Purpose.
(b) Application.
(c) Filing requirements.
(d) Key performance indicators.
(e) Supporting documentation.
(f) Other reports.
(g) Enforcement by the commission.
(h) Public information.
(i) Commission review.
§25.89. Report of Loads and Resources.
§25.90. Market Power Mitigation Plans.
(a) Application.
(b) Initial information filing.
-
(c) Market power mitigation plan.
(d) Filing requirements.
(e) Procedure.
(f) Commission determinations.
(g) Request to amend or repeal mitigation plan.
(h) Approval date.
§25.91. Generating Capacity Reports.
(a) Application.
(b) Definitions.
(c) Filing requirements.
(d) Report attestation.
(e) Confidentiality.
(f) Capacity ratings.
(g) Reporting requirements.
(h)
§25.93. Wholesale Electricity Transaction Information.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Wholesale Electricity Transaction Reports.
(e) Filing procedures.
§25.94. Report on Infrastructure Improvement and
Maintenance.
(a) Application.
(b) Reports
(c)
(d)
§25.95. Electric Utility Infrastructure Storm Hardening.
(a) Purpose.
(b) Application.
(c) Definition.
(d) Storm Hardening Plan Summary.
(e) Updating and contents of Storm Hardening Plan.
(f) Comments.
§25.96. Vegetation Management.
(a) Application.
-
(b) Definitions.
(c) Vegetation management requirements under other
provisions.
(d) Utility conformance to standards of the industry.
(e) Vegetation Management Plan
(f) Vegetation Management Report.
§25.97 Line Inspection and Safety.
(a) Purpose.
(b) Applicability.
(c) Definition.
(d) Employee Training Report.
(e) Five-Year Report.
(f) Annual Report.
(g) Reporting Form.
(h) Report Filing.
(i) Reports Publicly Available.
SUBCHAPTER E. CERTIFICATION, LICENSING AND
REGISTRATION.
§25.101. Certification Criteria.
(a) Definition.
(b) Certificates of convenience and necessity for new service
areas and
facilities.
(c) Projects or activities not requiring a certificate.
(d) Standards of construction and operation.
(e) Certificates of convenience and necessity for existing
service areas
and facilities.
(f) Transferability of certificates.
(g) Certification forms.
(h) Commission authority.
§25.102. Coastal Management Program.
(a) Consistency requirement.
(b) Thresholds for review.
(c) Register of certificates subject to the Coastal
Management
Program.
(d) Notice.
-
§25.105. Registration and Reporting by Power Marketers.
(a) Purpose.
(b) Applicability.
(c) Initial information.
(d) Material change in information.
(e) Commission list of power marketers.
§25.107. Certification of Retail Electric Providers (REPs).
(a) Applicability.
(b) Definitions.
(c) Application for REP certification.
(d) REP certification requirements.
(e) Basic requirements.
(f) Financial requirements.
(g) Technical and managerial requirements.
(h) Customer protection requirements.
(i) Requirements for reporting and changing certification.
(j) Suspension and revocation.
§25.108. Financial Standards for Retail Electric Providers
Regarding the
Billing and Collection of Transition Charges.
(a) Application.
(b) Definitions.
(c) Applicability of REP standards.
(d) REP standards.
§25.109. Registration of Power Generation Companies and
Self-Generators.
(a) Application.
(b) Definitions.
(c) Capacity ratings.
(d) Registration requirements for self-generators.
(e) Registration requirements for power generation
companies.
(f) Registration procedures.
(g) Post-registration requirements for self-generators.
(h) Post-registration requirements for power generation
companies.
(i) Suspension and revocation of power generation company
registration and administrative penalty.
§25.111. Registration of Aggregators.
-
(a) Application.
(b) Purpose statement.
(c) Definitions.
(d) Types of aggregator registrations required.
(e) Requirements for public bodies seeking to register as Class
II.B or
II.C aggregators.
(f) Requirements for persons seeking to register as a Class I or
Class
II.A or Class II.D aggregator.
(g) Financial requirements for certain persons.
(h) Registration procedures.
(i) Post-registration requirements.
(j) Suspension and revocation of registration and
administrative
penalty.
(k) Sunset of affiliate limitation.
§25.113. Municipal Registration of Retail Electric Providers
(REPs).
(a) Applicability.
(b) Purpose.
(c) Definitions.
(d) Non-discrimination in REP registration requirements.
(e) Notice.
(f) Standards for registration of REPs.
(g) Information.
(h) Registration fees.
(i) Post-registration requirements and re-registration.
(j) Suspension and revocation.
SUBCHAPTER F. METERING.
§25.121. Meter Requirements.
(a) Use of meter.
(b) Installation.
(c) Standard type.
(d) Location of meters.
(e) Accuracy requirements.
§25.122. Meter Records.
§25.123. Meter Readings.
-
(a) Meter unit indication.
(b) Reading of standard meters.
(c) Reading of advanced meters.
(d) Customer–read program.
§25.124. Meter Testing.
(a) Meter tests prior to installation.
(b) Testing of meters in service.
(c) Meter tests on request of customer.
(d) Meter testing facilities and equipment.
§25.125. Adjustments Due to Non-Compliant Meters and Meter
Tampering in
Areas Where Customer Choice Has Not Been Introduced.
(a) Applicability.
(b) Back-billing and meter tampering charges
(c) Calculation of charges.
(d) Burden of proof.
(e) Additional requirements.
§25.126. Adjustments Due to Non-Compliant Meters and Meter
Tampering in
Areas Where Customer Choice Has Been Introduced.
(a) Applicability.
(b) Back-billing and meter tampering charges.
(c) Calculation of charges.
(d) TDU responsibilities concerning metering accuracy.
(e) Notification of meter tampering.
(f) Burden of proof.
(g) Switch-hold and disconnection of service.
(h) Move-ins with a valid switch-hold.
(i) Additional requirements.
(j) Proprietary Customer Information.
§25.127. Generating Station Meters, Instruments, and
Records.
(a) Generating station meters.
(b) Record of station output and purchases of energy.
§25.128. Interconnection Meters and Circuit Breakers.
(a)
(b) Record of automatic circuit breaker operations.
§25.129. Pulse Metering
-
(a) Purpose.
(b) Application.
(c) Commission approved pulse metering agreement.
(d) Filing requirements for tariffs.
§25.130. Advanced Metering.
(a) Purpose.
(b) Applicability.
(c) Definitions.
(d) Deployment and use of advanced meters.
(e) Technology requirements.
(f) Pilot programs.
(g) AMS features.
(h) Settlement
(i) Tariff.
(j) Access to meter data.
(k) Cost recovery for deployment of AMS.
(l) Time of Use Schedule.
§25.131. Load Profiling and Load Research.
(a) Purpose.
(b) Applicability.
(c) Load research responsibility.
(d) Availability of load research data.
(e) New load profiles and fee for use of load profiles.
§25.132. Definitions.
§25.133. Non-Standard Metering Service.
(a) Purpose.
(b) Definitions.
(c) Initiation and termination of non-standard metering
service.
(d) Other TDU obligations.
(e) Cost recovery and compliance tariffs.
(f) Retail electric product compatibility.
(g) Implementation.
SUBCHAPTER G. SUBMETERING.
§25.141. Central System or Nonsubmetered Master Metered
Utilities.
-
(a) Purpose.
(b) Definitions.
(c) Records and reports.
(d) Calculation of costs.
(e) Billing.
§25.142 Submetering for Apartments, Condominiums, and Mobile
Home
Parks.
(a) Purpose.
(b) Definitions.
(c) Records and reports.
(d) Billing.
(e) Discontinuance of electric service.
(f) Submeters.
SUBCHAPTER H. ELECTRICAL PLANNING.
DIVISION 1: Renewable Energy Resources and Use of Natural
Gas.
§25.172. Goal for Natural Gas.
(a) Applicability.
(b) Purpose.
(c) Definitions.
(d) Natural gas energy credit requirement.
(e) Program activation.
(f) Natural gas energy credit trading.
(g) Environmental benefits and "green" electricity.
(h) Annual reports.
(i) Texas natural gas – market conditions.
§25.173. Goal for Renewable Energy.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Renewable energy credits trading program (trading
program).
(e) Facilities eligible for producing RECs and compliance
premiums in
the renewable energy credits trading program.
(f) Facilities not eligible for producing RECs in the renewable
energy
credits trading program.
-
(g) Responsibilities of program administrator.
(h) Allocation of RPS requirement to retail entities.
(i) Nomination and award of REC offsets.
(j) Opt-out notice.
(k) Calculation of capacity conversion factor.
(l) Production, transfer, and expiration of RECs.
(m) Target for renewable technologies other than wind power.
(n) Settlement process.
(o) Certification of renewable energy facilities.
(p) Penalties and enforcement.
(q) Microgenerators and REC aggregrators.
§25.174 Competitive Renewable Energy Zones.
(a) Competitive Renewable Energy Zone Transmission Projects.
(b) Designation of Competitive Renewable Energy Zones.
(c) Level of financial commitment by generators for designating
a
CREZ.
(d) Plan to develop transmission capacity.
(e) Certificates of convenience and necessity.
(f) Excess development in a CREZ.
DIVISION 2: Energy Efficiency and Customer-Owned Resources.
§25.181. Energy Efficiency Goal.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Cost-effectiveness standard.
(e) Annual energy efficiency goals.
(f) Incentive payments.
(g) Utility administration.
(h) Standard offer programs.
(i) Market transformation programs.
(j) Self-delivered programs.
(k) Requirements for standard offer, market transformation, and
self-
delivered programs.
(l) Energy efficiency plans and reports (EEPR).
(m) Review of programs.
(n) Inspection, measurement and verification.
-
(o) Evaluation, measurement, and verification (EM&V).
(p) Targeted low income energy efficiency program.
(q) Energy Efficiency Implementation Project – EEIP.
(r) Retail providers.
(s) Customer protection.
(t) Grandfathered programs.
(u) Identification notice.
(v) Administrative penalty.
§25.182. Energy Efficiency Cost Recovery Factor.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Cost-recovery.
(e) Energy efficiency performance bonus.
§25.183. Reporting and Evaluation of Energy Efficiency
Programs.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Reporting.
(e) Evaluation.
SUBCHAPTER I. TRANSMISSION AND DISTRIBUTION.
DIVISION 1: Open -Access Comparable Transmission Service for
Electric
Utilities in the Electric Reliability Council of Texas.
§25.191. Transmission Service Requirements.
(a) Purpose.
(b) Applicability.
(c) Nature of transmission service.
(d) Obligation to provide transmission service.
§25.192. Transmission Service Rates.
(a) Tariffs.
(b) Charges for transmission service delivered within ERCOT.
(c) Transmission cost of service.
(d) Billing units.
(e) Transmission rates for exports from ERCOT.
-
(f) Transmission revenue.
(g) Revision of transmission rates.
(h) Interim Update of Transmission rates
§25.193. Distribution Service Provider Transmission Cost
Recovery Factors
(TCRF).
(a) Application.
(b) TCRF authorized.
(c) TCRF Formula.
(d) TCRF charges.
(e) Reports.
§25.195. Terms and Conditions for Transmission Service.
(a) Transmission service requirements.
(b) Transmission service provider responsibilities.
(c) Construction of new facilities.
(d) Curtailment of service.
(e) Filing of contracts.
§25.196. Standards of Conduct.
(a) Applicability.
(b) Standards of conduct.
§25.198. Initiating Transmission Service.
(a) Initiating service.
(b) Conditions precedent for receiving service.
(c) Procedures for initiating transmission service.
(d) Facilities study.
(e) Technical arrangements to be completed prior to commencement
of
service.
(f) Transmission service customer facilities.
(g) Transmission arrangements for resources located outside of
the
ERCOT region.
(h) Changes in service requests.
(i) Annual load and resource information updates.
(j) Termination of transmission service.
§25.199. Transmission Planning, Licensing and Cost-Recovery for
Utilities
within the Electric Reliability Council of Texas.
(a) Purpose.
(b) Applicability.
-
(c) Eligibility for filing a request under this section.
(d) Filing requirements.
(e) Standard for review.
(f) Threshold requirements.
(g) Notice.
(h) Cost effectiveness.
(i) Commission order.
§25.200. Load Shedding, Curtailments, and Redispatch.
(a) Procedures.
(b) Congestion management principles.
(c) Transmission constraints.
(d) System reliability.
(e) Transition provision on priority for transmission service
and
ancillary services.
§25.202. Commercial Terms for Transmission Service
(a) Billing and payment.
(b) Indemnification and liability.
(c) Creditworthiness for transmission service.
§25.203. Alternative Dispute Resolution (ADR).
(a) Obligation to use alternative dispute resolution.
(b) Referral to senior representatives.
(c) Mediation or arbitration.
(d) Arbitration.
(e) Effect of pending alternative dispute resolution.
(f) Effect on rights under law.
DIVISION 2: Transmission and Distribution Applicable to All
Electric Utilities.
§25.211. Interconnection of On-Site Distributed Generation
(DG).
(a) Application.
(b) Purpose.
(c) Definitions.
(d) Terms of Service.
(e) Disconnection and reconnection.
(f) Incremental demand charges.
-
(g) Pre-interconnection studies for non-network interconnection
of
distributed generation.
(h) Network interconnection of distributed generation.
(i) Pre-Interconnection studies for network interconnection
of
distributed generation.
(j) Communications concerning proposed distributed
generation
projects.
(k) Equipment pre-certification.
(l) Designation of utility contact persons for matters relating
to
distributed generation interconnection.
(m) Time periods for processing applications for interconnection
and
parallel operation.
(n) Reporting requirements.
(o) Distributed natural gas generation facility.
(p) Agreement for Interconnection and Parallel Operation of
Distributed Generation.
(q) Tariff for Interconnection and Parallel Operation of
Distributed
Generation.
§25.212. Technical Requirements for Interconnection and Parallel
Operation
of On-Site Distributed Generation.
(a) Purpose.
(b) General interconnection and protection requirements.
(c) Prevention of interference.
(d) Control, protection and safety equipment requirements
specific to
single phase generators of 50 kilowatts (kW) or less connected
to
the utility's system.
(e) Control, protection and safety equipment requirements
specific to
three-phase synchronous generators, induction generators,
and
inverter systems.
(f) Facilities not identified.
(g) Requirements specific to a facility paralleling for sixty
cycles or
less (closed transition switching).
(h) Inspection and start-up testing.
(i) Site testing and commissioning.
(j) Metering.
-
§25.213. Metering for Distributed Renewable Generation and
Certain
Qualifying Facilities.
(a) Application.
(b) Metering.
(c) Metering Provision Specific to an Electric Utility Subject
to PURA
Chapter 39, Subchapter L.
§25.214. Terms and Conditions of Retail Delivery Service
Provided by
Investor Owned Transmission and Distribution Utilities.
(a) Purpose.
(b) Application.
(c) Tariff.
(d) Pro-forma Retail Delivery Tariff.
§25.215. Terms and Conditions of Access by a Competitive
Retailer to the
Delivery System of a Municipally Owned Utility or Electric
Cooperative that has Implemented Customer Choice.
(a) Purpose.
(b) Application.
(c) Access tariff.
(d) Pro-forma access tariff.
§25.216. Selection of Transmission Service Providers.
(a) Application.
(b) Purpose.
(c) Definitions.
(d) Selection process.
(e) Selection of Designated TSP.
(f) Performance of Designated TSP.
(g) Filing requirements.
§25.217. Distributed Renewable Generation.
(a) Application.
(b) Definitions.
(c) Interconnection.
(d) Renewable Energy Credits (RECs)
(e) Sale of out-flows by an ISD-SG Owner.
(f) Sale of out-flows by a DRGO.
(g) Transition provision.
(h) Authority to act on behalf of a customer.
(i) Exemptions.
-
§25.221. Electric Cost Separation.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Cost separation.
(e) Compliance filing.
§25.223. Unbundling of Energy Service.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Review of energy services.
(e) Accessible utility information.
(f) Filing.
§25.227. Electric Utility Service for Public Retail
Customers.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Obligations of affected utilities.
(e) Filing requirements.
(f) Tariff requirements.
(g) Competition transition charge (CTC).
(h) Rate design for electric utilities.
SUBCHAPTER J. COSTS, RATES AND TARIFFS.
DIVISION 1: Retail Rates.
§25.231. Cost of Service.
(a) Components of cost of service.
(b) Allowable expenses.
(c) Return on invested capital.
§25.232. Adjustment for House Bill 11, Acts of 72nd Legislature,
First Called
Special Session 1991.
(a)
(b)
(c)
-
(d)
(e)
(f)
§25.234 Rate Design.
§25.235 Fuel Costs – General.
(a) Purpose.
(b) Notice of fuel proceedings.
(c) Reports; confidentiality of information.
§25.236. Recovery of Fuel Costs.
(a) Eligible fuel expenses.
(b) Reconciliation of fuel expenses.
(c) Petitions to reconcile fuel expenses.
(d) Fuel reconciliation proceedings.
(e) Refunds.
(f) Procedural schedule.
§25.237 Fuel Factors.
(a) Use and calculation of fuel factors.
(b) Petitions to revise fuel factors.
(c) Fuel factor revision proceeding.
(d) Schedule for filing petitions to revise fuel factors.
(e) Procedural schedules.
(f) Emergency revisions to the fuel factor.
§25.238 Purchased Power Capacity Cost Recovery Factor
(PCRF).
(a) Application.
(b) Definitions.
(c) Establishment, adjustment, and termination of a PCRF.
(d) Pre-approval of purchased power agreements.
(e) Notice of PCRF proceeding.
(f) Procedural schedule.
(g) Exclusion from fuel factor.
(h) PCRF formula.
(i) True-up.
(j) Reconciliation of PCRF expenses.
(k) Transition issues.
§25.239. Transmission Cost Recovery Factor for Certain Electric
Utilities.
-
(a) Application.
(b) Definitions.
(c) Recovery authorized.
(d) Transmission cost recovery factor (TCRF).
(e) Transmission cost recovery factor revenue requirement
(RR).
(f) Setting and amending the TCRF.
(g) TCRF forms. §25.240. Contribution Disclosure Statements in
Appeals of Municipal Utility
Rates.
(a) Pursuant to Chapter 33, Subchapter D.
(b) Pursuant to PURA §33.123.
(c) Hearings on statements.
§25.241. Form and Filing of Tariffs.
(a) Application.
(b) Effective tariff.
(c) Requirements as to size, form, identification and filing of
tariffs.
(d) Composition of tariffs.
(e) Tariff filings in response to commission orders.
(f) Symbols for changes.
(g) Availability of tariffs.
(h) Rejection.
(i) Effective date of tariff change.
(j) Compliance.
§25.242. Arrangements Between Qualifying Facilities and Electric
Utilities.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Negotiation and filing of rates.
(e) Availability of electric utility system cost data.
(f) PTB REP and electric utility obligations.
(g) Rates for purchases from a qualifying facility.
(h) Standard rates for purchases from qualifying facilities with
a design
capacity of 100 kilowatts or less.
(i) Tariffs setting out the methodologies for purchases of
nonfirm
power from a qualifying facility.
(j) Periods during which purchases not required.
(k) Rates for sales to qualifying facilities.
-
(l) System emergencies.
(m) Enforcement.
§25.243. Distribution Cost Recovery Factor (DCRF)
(a) Purpose and application.
(b) Definitions.
(c) Application for a DCRF.
(d) Calculation of DCRF.
(e) Procedures for DCRF proceeding.
(f) DCRF reconciliation.
(g) DCRF’s effect on electric utility’s financial risk and rate
of
return.
(h) Reports.
(i) Expiration.
§25.244. Billing Demand for Certain Utility Customers.
(a) Application.
(b) Definitions.
(c) Rates.
(d) Annual verification.
§25.245. Rate-Case Expenses.
(a) Application.
(b) Requirements for claiming recovery of or reimbursement
for
rate-case expenses.
(c) Criteria for review and determination of reasonableness.
(d) Calculation of allowed or disallowed rate-case expenses.
§25.246. Rate Filing Standards and Procedures for Non-ERCOT
Utilities.
(a) Application.
(b) Adjustments to test year information.
(c) Requirement to initiate rate proceeding.
(d) Relation back of rates.
§25.247. Rate Review Schedule.
(a) Application.
(b) Filing requirements for investor-owned electric
utilities.
(c) Transition issues for investor-owned electric utilities.
(d) Filing requirements for non-investor-owned transmission
service
providers.
-
(e) Transition period for filings by non-investor-owned
transmission
service providers.
§25.251. Renewable Energy Tariff.
(e) Purpose.
(f) Application.
(g) Definitions.
(h) Eligible renewable resources.
(i) Renewable energy tariff requirements.
(j) Tariff attributes and operation.
(k) Marketing.
(l) Accountability.
(m) Tariff approval process.
(n) Education program.
(o) Criteria for educational materials.
(p) Cost recovery.
(q) Commission review.
DIVISION 2: Recovery of Stranded Costs.
§25.261. Stranded Cost Recovery of Environmental Cleanup
Costs.
(a) Purpose.
(b) Applicability.
(c) Definitions.
(d) Requirements.
(e) Request for approval of cost-effectiveness
determination.
(f) Reconciliation of environmental cleanup costs during the
true-up
proceedings.
§25.263. True-up Proceeding.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Obligation to file a true-up proceeding.
(e) True-up filing procedures.
(f) Quantification of market value of generation assets.
(g) Quantification of net book value of generation assets.
(h) True-up of final fuel balance.
(i) True-up of capacity auction proceeds.
-
(j) True-up of PTB revenues.
(k) Regulatory assets.
(l) TDU/APGC true-up balance.
(m) TDU/AREP true-up balance.
(n) Proceeding subsequent to the true-up.
§25.264. Quantification of Stranded Costs of Nuclear Generation
Assets.
§25.265. Securitization by River Authorities and Electric
Cooperatives.
(a) Application.
(b) Definition of stranded costs.
(c) Quantification of stranded costs.
(d) Demonstration of tangible and quantifiable benefits to
ratepayers.
(e) Limit on amount of qualified costs to be securitized.
(f) Use of proceeds.
(g) True-up in the event of sale.
(h) Recovery of stranded costs.
(i) Financing order.
SUBCHAPTER K. RELATIONSHIPS WITH AFFILIATES.
§25.271. Foreign Utility Company Ownership by Exempt Holding
Companies.
(a) Certification to Securities and Exchange Commission.
(b) Policy goals.
(c) Safe harbor investments.
(d) Other investments.
(e) Post-investment reporting.
(f) Commission standards for granting or maintaining
certification.
§25.272. Code of Conduct for Electric Utilities and Their
Affiliates.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Separation of a utility from its affiliates.
(e) Transactions between a utility and its affiliates.
(f) Safeguards relating to provision of products and
services.
(g) Information safeguards.
(h) Safeguards relating to joint marketing and advertising.
(i) Remedies and enforcement.
-
§25.273. Contracts Between Electric Utilities and Their
Competitive
Affiliates.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Competitive bidding required.
(e) Contracts.
§25.275. Code of Conduct for Municipally Owned Utilities and
Electric
Cooperatives Engaged in Competitive Activities.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Annual report of code-related activities.
(e) Copies of contracts or agreements.
(f) Tracking migration and sharing of employees.
(g) Reporting deviations from the code of conduct.
(h) Ensuring compliance for new competitive affiliates.
(i) Separation of a TDBU from its competitive affiliates.
(j) Transactions between a TDBU and its competitive
affiliates.
(k) Safeguards relating to provision of products and
services.
(l) Information safeguards.
(m) Safeguards relating to joint marketing and advertising.
(n) Remedies and enforcement.
(o) Provisions for Bundled MOU/COOPs.
SUBCHAPTER L. NUCLEAR DECOMMISSIONING.
§25.301. Nuclear Decommissioning Trusts.
(a) Duties of electric utilities.
(b) Agreements between the electric utility and the
institutional trustee
or investment manager.
(c) Trust investments.
§25.303. Nuclear Decommissioning Following the Transfer of
Texas
Jurisdictional Nuclear Generating Plant Assets.
(a) Purpose.
(b) Application.
-
(c) Definitions.
(d) Transfer of Nuclear Decommissioning Trust Funds.
(e) Administration of the Nuclear Decommissioning Trust
Funds.
(f) Periodic reviews of decommissioning costs and Nuclear
Decommissioning Trust Funds.
(g) Collecting utility rate proceedings for decommissioning
charges.
(h) Good cause exception.
§25.304. Nuclear Decommissioning Funding and Requirements for
Power
Generation Companies.
(a) Purpose.
(b) Applicability.
(c) Definitions.
(d) Application.
(e) Commission Review.
(f) Order.
(g) Annual Reports.
(h) Periodic Commission Review.
(i) Annual Decommissioning Funding Amount.
(j) Creditworthiness of PGC.
(k) State Assurance Obligation.
(l) Annual Funding Obligation.
(m) Funding Shortfall and Unspent Funds.
(n) Administration of the PGC Decommissioning Trust Funds.
(o) Trust investments.
SUBCHAPTER M. COMPETITIVE METERING
§25.311. Competitive Metering Services.
(a) Purpose.
(b) Definitions.
(c) Meter ownership.
(d) Data ownership.
(e) Metering equipment.
(f) Conformance with metering standards.
(g) Testing of meters.
(h) Use of meter data for settlement and TDU billing.
(i) Competitive metering service credit.
-
SUBCHAPTER O. UNBUNDLING AND MARKET POWER.
DIVISION 1: Unbundling.
§25.341. Definitions.
§25.342. Electric Business Separation.
(a) Purpose.
(b) Application.
(c) Compliance and timing.
(d) Business separation.
(e) Business separation plans.
(f) Separation of transmission and distribution utility
services.
§25.343. Competitive Energy Services.
(a) Purpose.
(b) Application.
(c) Competitive energy service separation.
(d) Petitions relating to the provision of competitive energy
services.
(e) Filing requirements.
(f) Exceptions related to certain competitive energy
services.
(g) Emergency provision of certain competitive energy
services.
(h) Evaluation of competitive energy services.
(i) Sales of non-roadway security lighting assets.
§25.344. Cost Separation Proceedings.
(a) Purpose.
(b) Application.
(c) Compliance and timing.
(d) Test year.
(e) Rate of return.
(f) Separation of affiliate costs and functional cost
separation.
(g) Jurisdiction and Texas retail class allocation.
(h) Determination of ERCOT and Non-ERCOT transmission costs.
(i) Rate design.
§25.345. Recovery of Stranded Costs Through Competition
Transition
Charge (CTC).
(a) Purpose.
-
(b) Application.
(c) Definitions.
(d) Right to recover stranded costs.
(e) Recovery of stranded cost from wholesale customers.
(f) Quantification of stranded costs.
(g) Recovery of stranded costs through securitization.
(h) Allocation of stranded costs.
(i) Applicability of CTC to customers receiving power from new
on-
site generation or eligible generation.
(j) Collection and rate design of CTC charges.
§25.346. Separation of Electric Utility Metering and Billing
Service Costs and
Activities.
(a) Purpose.
(b) Application.
(c) Separation of transmission and distribution utility billing
system
service costs.
(d) Separation of transmission and distribution utility billing
system
service activities.
(e) Uncollectibles and customer deposits.
(f) Separation of transmission and distribution utility metering
system
service costs.
(g) Separation of transmission and distribution utility metering
system
service activities.
(h) Competitive energy services.
(i) Electronic data interchange.
DIVISION 2: Independent Organizations.
§25.361. Electric Reliability Council of Texas (ERCOT).
(a) Applicability.
(b) Functions.
(c) Liability.
(d) Planning.
(e) Information and coordination.
(f) Interconnection standards.
(g) ERCOT administrative fee.
(h) Reports.
-
(i) Anti-trust laws.
(j) Decertification.
(k) Pilot Projects.
§25.362. Electric Reliability Council of Texas (ERCOT)
Governance.
(a) Purpose.
(b) Application.
(c) Adoption of rules by ERCOT and commission review.
(d) Access to meetings.
(e) Access to information.
(f) Conflicts of interest.
(g) Qualifications, selection, and removal of members of the
governing board.
(h) Chief executive officer.
(i) Required reports and other information.
(j) Compliance with rules or orders.
(k) Priority of commission rules.
§25.363. ERCOT Budget and Fees.
(a) Scope.
(b) System of accounts and reporting.
(c) Allowable expenses.
(d) Budget Submission.
(e) Commission review and action.
(f) Performance measures.
(g) User Fees.
§25.364. Decertification of an Independent Organization.
(a) Purpose.
(b) Applicability.
(c) Initiation of proceeding to decertify.
(d) Standard for decertification.
(e) Order revoking certification.
(f) Selection of successor organization.
(g) Transfer of assets.
(h) Continuity of operations.
§25.365. Independent Market Monitor.
(a) Purpose.
-
(b) Definitions.
(c) Objectives of market monitoring.
(d) Responsibilities of the IMM.
(e) Authority of the IMM.
(f) Selection of the IMM.
(g) Funding of the IMM.
(h) Staffing requirements and qualification of IMM director and
staff.
(i) Ethics standards governing the IMM director and staff.
(j) Confidentiality standards governing the IMM director and
staff.
(k) Reporting requirement.
(l) Communication between the IMM and the commission.
(m) ERCOT's responsibilities and support role.
(n) Liability of the IMM.
(o) Contractual Provisions.
§25.366. Internet Broadcasting of Public Meetings of an
Independent
Organization.
(a) Purpose.
(b) Applicability.
(c) Internet Broadcasting.
(d) Cost Recovery by the Independent Organization.
DIVISION 3: Capacity Auction
§25.381. Capacity Auctions.
(a) Applicability.
(b) Purpose.
(c) Definitions.
(d) General requirements.
(e) Product types and characteristics.
(f) Product descriptions for capacity auctions in ERCOT.
(g) Product descriptions for capacity in non-ERCOT areas.
(h) Auction process.
(i) Resale of entitlement.
(j) True-up process.
(k) True-up process for electric utilities with divestiture.
(l) Modification of auction procedures or products.
(m) Contract terms.
-
DIVISION 4: Other Market Power Issues
§25.401. Share of Installed Generation Capacity.
(a) Application.
(b) Share of installed generation capacity.
(c) Capacity ratings.
(d) Installed generation capacity of a power generation
company.
(e) Total installed generation.
DIVISION 5: Competition in Non-ERCOT Areas
§25.421. Transition to Competition for a Certain Area Outside
the Electric
Reliability Council of Texas Region.
(a) Purpose.
(b) Application.
(c) Readiness for retail competition.
(d) Cost-of-service regulation.
(e) Transition to competition.
(f) Applicability of energy efficiency and renewable energy
requirements.
(g) Applicability of other rules.
(h) Good cause.
§25.422. Transition to Competition for Certain Areas within the
Southwest
Power Pool.
(a) Purpose.
(b) Application.
(c) Readiness for retail competition.
(d) Cost-of-service regulation.
(e) Transition to competition.
(f) Annual report.
(g) Pilot project continuation.
(h) Protection of contractual rights.
(i) Energy efficiency and renewable energy requirements.
(j) Applicability of other sections.
(k) Good cause.
SUBCHAPTER P. PILOT PROJECTS.
§25.431. Retail Competition Pilot Projects.
-
(a) Purpose.
(b) Application.
(c) Intent of pilot projects.
(d) Definitions.
(e) Requirements for participants that are not retail
customers.
(f) Customer education.
(g) Customer choice during pilot projects.
(h) Transmission and distribution rates and tariffs.
(i) Billing requirements.
(j) Evaluation of the pilot projects by the commission;
reporting.
(k) Pilot project administration and recovery of associated
costs.
(l) Compliance filings.
SUBCHAPTER R. CUSTOMER PROTECTION RULES FOR RETAIL
ELECTRIC SERVICE.
§25.471. General Provisions of Customer Protection Rules.
(a) Application.
(b) Purpose.
(c) Prohibition against discrimination.
(d) Definitions.
§25.472. Privacy of Customer Information.
(a) Mass customer lists.
(b) Individual customer and premise information.
§25.473. Non-English Language Requirements.
(a) Applicability.
(b) Retail electric providers (REPs).
(c) Aggregators.
(d) Dual language requirement.
(e) Prohibition on mixed language.
§25.474. Selection of Retail Electric Provider.
(a) Applicability.
(b) Purpose.
(c) Initial REP selection process.
(d) Enrollment via the Internet.
(e) Written enrollment.
(f) Enrollment via door-to-door sales.
(g) Personal solicitations other than door-to-door
marketing.
-
(h) Telephonic enrollment.
(i) Record retention.
(j) Right of recission.
(k) Submission of an applicant’s switch or move-in request to
the registration agent.
(l) Duty of the registration agent.
(m) Exemptions for certain transfers.
(n) Fees.
(o) TDU cost recovery.
(p) Meter reads for the purpose of a standard switch.
(q) Scheduled switch date.
§25.475. General Retail Electric Provider Requirements and
Information
Disclosures to Residential and Small Commercial Customers.
(a) Applicability.
(b) Definitions.
(c) General Retail Electric Provider requirements.
(d) Changes in contract and price and notice of changes.
(e) Contract expiration and renewal offers.
(f) Terms of service document.
(g) Electricity Facts Label.
(h) Your Rights as a Customer disclosure.
(i) Advertising claims.
§25.476. Renewable and Green Energy Verification.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Marketing standards for “green” and “renewable”
electricity
products.
(e) Compilation of scorecard data.
(f) Calculating renewable generation and authenticating
“green”
claims.
(g) Fuel Mix for Renewable Energy.
(h) Annual update.
(i) Compliance and enforcement.
§25.477. Refusal of Electric Service.
(a) Acceptable reasons to refuse electric service.
(b) Insufficient grounds for refusal to serve.
(c) Disclosure upon refusal of service.
(d)
-
§25.478. Credit Requirements and Deposits.
(a) Credit requirements for residential customers.
(b) Credit requirements for non-residential customers.
(c) Initial deposits for applicants and existing customers.
(d) Additional deposits by existing customers.
(e) Amount of deposit.
(f) Interest on deposits.
(g) Notification to customers.
(h) Records of deposits.
(i) Guarantees of residential customer accounts.
(j) Refunding deposits and voiding letters of guarantee.
(k) Re-establishment of credit.
(l) Upon sale or transfer of company.
§25.479. Issuance and Format of Bills.
(a) Application.
(b) Frequency and delivery of bills.
(c) Bill content.
(d) Public service notices.
(e) Estimated bills.
(f) Non-recurring charges.
(g) Record retention.
(h) Transfer of delinquent balances or credits.
§25.480. Bill Payment and Adjustments.
(a) Application.
(b) Bill due date.
(c) Penalty on delinquent bills for electric service.
(d) Overbilling.
(e) Underbilling by a REP.
(f) Disputed bills.
(g) Alternate payment programs or payment assistance.
(h) Level and average payment plans.
(i) Payment arrangements.
(j) Deferred payment plans and other alternative payment
arrangements.
(k) Allocation of partial payments.
(l) Switch-hold.
(m) Placement and Removal of Switch-Holds.
-
(n) Annual Reporting Requirement.
§25.481. Unauthorized Charges.
(a) Authorization of charges.
(b) Requirements for billing charges.
(c) Responsibilities for unauthorized charges.
(d) Notice to customers.
(e) Compliance and enforcement.
§25.482. Prompt Payment Act.
(a) Application.
(b) Time for payment by a governmental entity.
(c) Disputed bills.
(d) Interest on overdue payment.
(e) Notice.
§25.483. Disconnection of Service.
(a) Disconnection and reconnection policy.
(b) Disconnection authority.
(c) Disconnection with notice.
(d) Disconnection without prior notice.
(e) Disconnection prohibited.
(f) Disconnection on holidays or weekends.
(g) Disconnection of Critical Care Residential Customers.
(h) Disconnection of Chronic Condition Residential
Customers.
(i) Disconnection of energy assistance clients.
(j) Disconnection during extreme weather.
(k) Disconnection of master-metered apartments.
(l) Disconnection notices.
(m) Contents of disconnection notice.
(n) Reconnection of service.
(o) Electric service disconnection of a non-submetered
master
metered multifamily property.
§25.484. Electric No-Call List.
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Requirement of REPs.
(e) Exemptions.
(f) Electric no-call database.
-
(g) Notice.
(h) Violations.
(i) Record retention; Provision of records; Presumptions.
(j) Evidence.
(k) Enforcement and penalties.
§25.485. Customer Access and Complaint Handling.
(a)
(b) Customer access.
(c) Complaint handling.
(d) Complaints to REPs or aggregators.
(e) Complaints to the commission.
§25.487. Obligations Related to Move-In Transactions.
(a) Applicability.
(b) Definition.
(c) Standard move-in request.
(d) Safety-net move-in request.
(e) Sunset provision for review of safety-net process.
-
§25.488. Procedures for a Premise with No Service Agreement.
(a) Applicability.
(b) Service to premise with no service agreement.
§25.489. Treatment of Premises with No Retail Electric Provider
of Record.
(a) Applicability.
(b) Definition.
(c) Obligation of TDUs to identify premises with no REP of
record.
(d) Submission of No REP of Record List to REPs.
(e) Customer notification.
(f) Wires charges billed to customer with no REP of record.
(g) Format of notice.
(h) REP Obligation to submit move-in transaction.
(i) Disconnection of premise with no REP of record.
(j) Expedited reconnection of premise.
§25.490. Moratorium on Disconnection on Move-Out.
(a) Applicability.
(b) Moratorium on disconnection on move-out.
(c) Reporting requirement.
(d) Relaxation of moratorium on disconnection.
(e) Elimination of reporting requirement.
(f) Notice of moratorium status.
§25.491. Record Retention and Reporting Requirements.
(a) Application.
(b) Record retention.
(c) Annual reports.
(d) Information regarding payment options and payment
assistance
programs.
(e) Additional information.
§25.492. Non-Compliance with Rules or Orders; Enforcement by
the
Commission.
(a) Noncompliance.
(b) Commission investigation.
(c) Suspension and revocation of certification.
§25.493. Acquisition and Transfer of Customers from one Retail
Electric
Provider to another.
(a) Application.
(b) Notice requirement.
(c) Contents of notice for adverse changes in terms of
service.
-
(d) Contents of notice for transfers with no adverse change in
terms of
service.
(e) Process to transfer customers.
§25.495. Unauthorized Change of Retail Electric Provider.
(a) Process for resolving unauthorized change of retail
electric
provider (REP)
(b) Customer complaints, record retention and enforcement.
(c)
§25.497. Critical Load Industrial Customers, Critical Load
Public Safety
Customers, Critical Care Residential Customers, and Chronic
Condition Residential Customers.
(a) Definitions.
(b) Eligibility for protections.
(c) Benefits for Critical Load Public Safety Customers, Critical
Load
Industrial Customers, Critical Care Residential Customers,
and
Chronic Condition Residential Customers.
(d) Notice to customers concerning Critical Care Residential
Customer and Chronic Condition Residential Customer status.
(e) Procedure for obtaining Critical Care Residential Customer
or
Chronic Condition Residential Customer designation.
(f) Effect of Critical Care Residential Customer or Chronic
Condition
Residential Customer status on payment obligations.
(g) TX SET changes.
(h) Effective date.
(i) TDU annual report.
§25.498. Prepaid Service.
(a) Applicability.
(b) Definitions.
(c) Requirements for prepaid service.
(d) Customer acknowledgement.
(e) Prepaid disclosure statement (PDS).
(f) Marketing of prepaid services.
(g) Landlord as customer of record.
(h) Summary of usage and payment (SUP).
(i) Deferred payment plans.
(j) Disconnection of service.
(k) Service to Critical Care Residential Customers and Chronic
Condition Residential Customers.
(l) Compliance period.
(m) Transition of Financial Prepaid Service Customers.
-
§25.500. Privacy of Advanced Metering System Information.
SUBCHAPTER S. WHOLESALE MARKETS.
§25.501. Wholesale Market Design for the Electric Reliability
Council of
Texas.
(a) General.
(b) Bilateral markets and default provision of energy and
ancillary
capacity services.
(c) Day-ahead energy market.
(d) Adequacy of operational information.
(e) Congestion pricing.
(f) Nodal energy prices for resources.
(g) Energy trading hubs.
(h) Zonal energy prices for loads.
(i) Congestion rights.
(j) Pricing safeguards.
(k) Simultaneous optimization of ancillary capacity
services.
(l) Multi-settlement system for procuring energy and
ancillary
capacity services.
(m) Energy storage.
§25.502. Pricing Safeguards in Markets Operated by the Electric
Reliability
Council of Texas.
(a) Purpose.
(b) Applicability.
(c) Definitions.
(d) Control of resources.
(e) Reliability-must-run resources.
(f) Noncompetitive constraints.
§25.503. Oversight of Wholesale Market Participants
(a) Purpose.
(b) Application.
(c) Definitions.
(d) Standards and criteria for enforcement of ERCOT procedures
and
PURA.
(e) Guiding ethical standards.
(f) Duties of market entities.
-
(g) Prohibited activities.
(h) Defenses.
(i) Official interpretations and clarifications regarding the
Protocols.
(j) Role of ERCOT in enforcing operating standards.
(k) Responsibilities of the Reliability Monitor.
(l) Selection of the Reliability Monitor.
(m) Funding of the Reliability Monitor.
(n) Standards for record keeping.
(o) Investigation.
(p) Remedies.
§25.504. Wholesale Market Power in the Electric Reliability
Council of Texas
Power Region.
(a) Application.
(b) Definitions.
(c) Exemption based on installed generation capacity.
(d) Withholding of production.
(e) Voluntary mitigation plan.
§25.505. Reporting Requirements and the Scarcity Pricing
Mechanism in the
Electric Reliability Council of Texas Power Region.
(a) General.
(b) Definitions.
(c) Resource adequacy reports.
(d) Daily assessment of system adequacy.
(e) Filing of resource and transmission information with
ERCOT.
(f) Publication of resource and load information in ERCOT
markets.
(g) Scarcity pricing mechanism (SPM).
(h) Development and implementation.
§25.507. Electric Reliability Council of Texas (ERCOT) Emergency
Response
Service (ERS)
(a) Purpose.
(b) ERS procurement.
(c) Definitions.
(d) Participation in ERS.
(e) ERS Payment and Charges
(f) Compliance.
(g) Reporting.
(h) Implementation.
(i) Self Provision.
-
APPENDIX I CROSS REFERENCE: LOCATION OF RULE SECTION IN
CHAPTER 23 TO NEW LOCATION IN CHAPTER 25 OR
CHAPTER 26
APPENDIX II COMMONLY USED ACRONYMS
APPENDIX III RECORDS, REPORTS, AND OTHER INFORMATION THAT
MAY BE REQUIRED
APPENDIX IV NO LONGER EXISTS – see §25.214(d)(1) for Retail
Electric
Delivery Service Tariff
APPENDIX V TARIFF FOR COMPETITIVE RETAILER ACCESS
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 3/12/03
§25.1. Purpose and Scope of Rules.
(a) Mission of the Public Utility Commission of Texas
(commission). The mission of the
commission is to assure the availability of safe, reliable, high
quality services that meet the
needs of all Texans at just and reasonable rates. To accomplish
this mission, the
commission shall regulate electric and telecommunications
utilities as required while
facilitating competition, operation of the free market, and
customer choice.
(b) This chapter is intended to establish a comprehensive system
to accomplish the mission of
the commission with respect to electric service and to establish
the rights and
responsibilities of the electric utilities, including
transmission and distribution utilities,
non-utility wholesale and retail market participants, and
electric customers. This chapter
shall be given a fair and impartial construction to obtain these
objectives and shall be
applied uniformly regardless of race, creed, color, national
origin, ancestry, sex, marital
status, lawful source of income, level of income, disability, or
familial status.
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/07/98
§25.2. Cross-Reference Transition Provision.
A reference in a rule section or part of a section of Chapter 22
of this title (relating to
Procedural Rules); Chapter 23 of this title (relating to
Substantive Rules); Chapter 24 of this title
(relating to Policy Statements); Chapter 25 of this title
(relating to Substantive Rules Applicable to
Electric Service Providers); or Chapter 26 of this title
(relating to Substantive Rules Applicable to
Telecommunications Service Providers) to another section or part
of a section of Chapter 23 that
was repealed after January 1, 1998, refers to the corresponding
section in Chapter 25 or Chapter 26
that replaced the Chapter 23 section.
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 3/12/03
§25.3. Severability Clause.
(a) The adoption of this chapter does not preclude the Public
Utility Commission of Texas
(commission) from altering or amending any sections of this
chapter in whole or in part, or
from requiring any other or additional services, equipment,
facilities, or standards, either
upon complaint or upon its own motion or upon application of any
person. Furthermore,
this chapter will not relieve electric utilities, including
transmission and distribution
utilities, non-utility wholesale and retail market participants,
or electric customers from any
duties under the laws of this state or the United States. If any
provision of this chapter is
held invalid, such invalidity shall not affect other provisions
or applications of this chapter
which can be given effect without the invalid provision or
application, and to this end, the
provisions of this chapter are declared to be severable. This
chapter shall not be construed
so as to enlarge, diminish, modify, or alter the jurisdiction,
powers, or authority of the
commission.
(b) The commission may make exceptions to this chapter for good
cause.
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 3/12/03
§25.4. Statement of Nondiscrimination.
(a) No electric utility or retail electric provider shall
discriminate on the basis of race, creed,
color, national origin, ancestry, sex, marital status, lawful
source of income, level of
income, disability, or familial status.
(b) No electric utility or retail electric provider shall
unreasonably discriminate on the basis of
geographic location.
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/13/18
(P 47343)
§25.5. Definitions.
The following words and terms, when used in this chapter, shall
have the following
meanings, unless the context clearly indicates otherwise:
(1) Above-market purchased power costs -- Wholesale demand and
energy costs
that a utility is obligated to pay under an existing purchased
power contract to the
extent the costs are greater than the purchased power market
value.
(2) Affected person -- means:
(A) a public utility or electric cooperative affected by an
action of a
regulatory authority;
(B) a person whose utility service or rates are affected by a
proceeding before
a regulatory authority; or
(C) a person who:
(i) is a competitor of a public utility with respect to a
service
performed by the utility; or
(ii) wants to enter into competition with a public utility.
(3) Affiliate -- means:
(A) a person who directly or indirectly owns or holds at least
5.0% of the
voting securities of a public utility;
(B) a person in a chain of successive ownership of at least 5.0%
of the voting
securities of a public utility;
(C) a corporation that has at least 5.0% of its voting
securities owned or
controlled, directly or indirectly, by a public utility;
(D) a corporation that has at least 5.0% of its voting
securities owned or
controlled, directly or indirectly, by:
(i) a person who directly or indirectly owns or controls at
least
5.0% of the voting securities of a public utility; or
(ii) a person in a chain of successive ownership of at least
5.0% of
the voting securities of a public utility;
(E) a person who is an officer or director of a public utility
or of a
corporation in a chain of successive ownership of at least 5.0%
of the
voting securities of a public utility; or
(F) a person determined to be an affiliate under Public Utility
Regulatory Act
§11.006.
(4) Affiliated electric utility -- The electric utility from
which an affiliated retail
electric provider was unbundled in accordance with Public
Utility Regulatory Act
§39.051.
(5) Affiliated power generation company (APGC) -- A power
generation company
that is affiliated with or the successor in interest of an
electric utility certificated to
serve an area.
(6) Affiliated retail electric provider (AREP) -- A retail
electric provider that is
affiliated with or the successor in interest of an electric
utility certificated to serve
an area.
(7) Aggregation -- Includes the following:
(A) the purchase of electricity from a retail electric provider,
a municipally
owned utility, or an electric cooperative by an electricity
customer for its
own use in multiple locations, provided that an electricity
customer may
not avoid any non-bypassable charges or fees as a result of
aggregating
its load; or
(B) the purchase of electricity by an electricity customer as
part of a
voluntary association of electricity customers, provided that an
electricity
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/13/18
(P 47343)
customer may not avoid any non-bypassable charges or fees as a
result of
aggregating its load.
(8) Aggregator -- A person joining two or more customers, other
than municipalities
and political subdivision corporations, into a single purchasing
unit to negotiate
the purchase of electricity from retail electric providers.
Aggregators may not sell
or take title to electricity. Retail electric providers are not
aggregators.
(9) Ancillary service -- A service necessary to facilitate the
transmission of electric
energy including load following, standby power, backup power,
reactive power,
and any other services the commission may determine by rule.
(10) Base rate -- Generally, a rate designed to recover the cost
of service other than
certain costs separately identified and recovered through a
rider, rate schedule, or
other schedule. For bundled utilities, these separately
identified costs may include
items such as a fuel factor, power cost recovery factor, and
surcharge.
Distribution service providers may have separately identified
costs such as
transition costs, the excess mitigation charge, transmission
cost recovery factors,
and the competition transition charge.
(11) Bundled Municipally Owned Utilities/Electric Cooperatives
(MOU/COOP) --
A municipally owned utility/electric cooperative that is
conducting both
transmission and distribution activities and competitive
energy-related activities
on a bundled basis without structural or functional separation
of transmission and
distribution functions from competitive energy-related
activities and that makes a
written declaration of its status as a bundled municipally owned
utility/electric
cooperative pursuant to §25.275(o)(3)(A) of this title (relating
to Code of Conduct
for Municipally Owned Utilities and Electric Cooperatives
Engaged in
Competitive Activities).
(12) Calendar year -- January 1 through December 31.
(13) Commission -- The Public Utility Commission of Texas.
(14) Competition transition charge (CTC) -- Any non-bypassable
charge that
recovers the positive excess of the net book value of generation
assets over the
market value of the assets, taking into account all of the
electric utility’s
generation assets, any above market purchased power costs, and
any deferred
debit related to a utility’s discontinuance of the application
of Statement of
Financial Accounting Standards Number 71 (“Accounting for the
Effects of
Certain Types of Regulation”) for generation-related assets if
required by the
provisions of the Public Utility Regulatory Act (PURA), Chapter
39. For
purposes of PURA §39.262, book value shall be established as of
December 31,
2001, or the date a market value is established through a market
valuation method
under PURA §39.262(h), whichever is earlier, and shall include
stranded costs
incurred under PURA §39.263. Competition transition charges also
include the
transition charges established pursuant to PURA §39.302(7)
unless the context
indicates otherwise.
(15) Competitive affiliate -- An affiliate of a utility that
provides services or sells
products in a competitive energy-related market in this state,
including
telecommunications services, to the extent those services are
energy-related.
(16) Competitive energy efficiency services -- Energy efficiency
services that are
defined as competitive energy services pursuant to §25.341 of
this title (relating to
Definitions).
(17) Competitive retailer -- A retail electric provider; or a
municipally owned utility
or electric cooperative, that has the right to offer electric
energy and related
services at unregulated prices directly to retail customers who
have customer
choice, without regard to geographic location.
(18) Congestion zone -- An area of the transmission network that
is bounded by
commercially significant transmission constraints or otherwise
identified as a zone
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/13/18
(P 47343)
that is subject to transmission constraints, as defined by an
independent
organization.
(19) Control area -- An electric power system or combination of
electric power
systems to which a common automatic generation control scheme is
applied in
order to:
(A) match, at all times, the power output of the generators
within the electric
power system(s) and capacity and energy purchased from entities
outside
the electric power system(s), with the load within the electric
power
system(s);
(B) maintain, within the limits of good utility practice,
scheduled interchange
with other control areas;
(C) maintain the frequency of the electric power system(s)
within reasonable
limits in accordance with good utility practice; and
(D) obtain sufficient generating capacity to maintain operating
reserves in
accordance with good utility practice.
(20) Corporation -- A domestic or foreign corporation,
joint-stock company, or
association, and each lessee, assignee, trustee, receiver, or
other successor in
interest of the corporation, company, or association, that has
any of the powers or
privileges of a corporation not possessed by an individual or
partnership. The
term does not include a municipal corporation or electric
cooperative, except as
expressly provided by the Public Utility Regulatory Act.
(21) Critical loads -- Loads for which electric service is
considered crucial for the
protection or maintenance of public health and safety; including
but not limited to
hospitals, police stations, fire stations, critical water and
wastewater facilities, and
customers with special in-house life-sustaining equipment.
(22) Customer choice -- The freedom of a retail customer to
purchase electric
services, either individually or through voluntary aggregation
with other retail
customers, from the provider or providers of the customer’s
choice and to choose
among various fuel types, energy efficiency programs, and
renewable power
suppliers.
(23) Customer class -- A group of customers with similar
electric service
characteristics (e.g., residential, commercial, industrial,
sales for resale) taking
service under one or more rate schedules. Qualified businesses
as defined by the
Texas Enterprise Zone Act, Texas Government Code, Title 10,
Chapter 2303 may
be considered to be a separate customer class of electric
utilities.
(24) Day-ahead -- The day preceding the operating day.
(25) Deemed savings -- A pre-determined, validated estimate of
energy and peak
demand savings attributable to an energy efficiency measure in a
particular type of
application that a utility may use instead of energy and peak
demand savings
determined through measurement and verification activities.
(26) Demand -- The rate at which electric energy is delivered to
or by a system at a
given instant, or averaged over a designated period, usually
expressed in kilowatts
(kW) or megawatts (MW).
(27) Demand savings -- A quantifiable reduction in the rate at
which energy is
delivered to or by a system at a given instance, or averaged
over a designated
period, usually expressed in kilowatts (kW) or megawatts
(MW).
(28) Demand-side management (DSM) -- Activities that affect the
magnitude or
timing of customer electrical usage, or both.
(29) Demand-side resource or demand-side management --
Equipment, materials,
and activities that result in reductions in electric generation,
transmission, or
distribution capacity needs or reductions in energy usage or
both.
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/13/18
(P 47343)
(30) Disconnection of service -- Interruption of a customer’s
supply of electric service
at the customer’s point of delivery by an electric utility, a
transmission and
distribution utility, a municipally owned utility or an electric
cooperative.
(31) Distribution line -- A power line operated below 60,000
volts, when measured
phase-to-phase, that is owned by an electric utility,
transmission and distribution
utility, municipally owned utility, or electric cooperative.
(32) Distributed resource -- A generation, energy storage, or
targeted demand-side
resource, generally between one kilowatt and ten megawatts,
located at a
customer’s site or near a load center, which may be connected at
the distribution
voltage level (below 60,000 volts), that provides advantages to
the system, such as
deferring the need for upgrading local distribution
facilities.
(33) Distribution service provider (DSP) -- An electric utility,
municipally-owned
utility, or electric cooperative that owns or operates for
compensation in this state
equipment or facilities that are used for the distribution of
electricity to retail
customers, as defined in this section, including retail
customers served at
transmission voltage levels.
(34) Economically distressed geographic area -- Zip code area in
which the average
household income is less than or equal to 60% of the statewide
median income, as
reported in the most recently available United States Census
data.
(35) Electric cooperative --
(A) a corporation organized under the Texas Utilities Code,
Chapter 161 or a
predecessor statute to Chapter 161 and operating under that
chapter;
(B) a corporation organized as an electric cooperative in a
state other than
Texas that has obtained a certificate of authority to conduct
affairs in the
State of Texas; or
(C) a successor to an electric cooperative created before June
1, 1999, in
accordance with a conversion plan approved by a vote of the
members of
the electric cooperative, regardless of whether the successor
later
purchases, acquires, merges with, or consolidates with other
electric
cooperatives.
(36) Electric generating facility -- A facility that generates
electric energy for
compensation and that is owned or operated by a person in this
state, including a
municipal corporation, electric cooperative, or river
authority.
(37) Electricity Facts Label -- Information in a standardized
format, as described in
§25.475(f) of this title (relating to Information Disclosures to
Residential and
Small Commercial Customers), that summarizes the price, contract
terms, fuel
sources, and environmental impact associated with an electricity
product.
(38) Electricity product -- A specific type of retail
electricity service developed and
identified by a REP, the specific terms and conditions of which
are summarized in
an Electricity Facts Label that is specific to that electricity
product.
(39) Electric Reliability Council of Texas (ERCOT) -- Refers to
the independent
organization and, in a geographic sense, refers to the area
served by electric
utilities, municipally owned utilities, and electric
cooperatives that are not
synchronously interconnected with electric utilities outside of
the State of Texas.
(40) Electric service identifier (ESI ID) -- The basic
identifier assigned to each point
of delivery used in the registration system and settlement
system managed by the
Electric Reliability Council of Texas (ERCOT) or another
independent
organization.
(41) Electric utility -- Except as otherwise provided in this
Chapter, an electric utility
is: A person or river authority that owns or operates for
compensation in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish
electricity in this state. The term includes a lessee, trustee,
or receiver of an
electric utility and a recreational vehicle park owner who does
not comply with
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/13/18
(P 47343)
Texas Utilities Code, Subchapter C, Chapter 184, with regard to
the metered sale
of electricity at the recreational vehicle park. The term does
not include:
(A) a municipal corporation;
(B) a qualifying facility;
(C) a power generation company;
(D) an exempt wholesale generator;
(E) a power marketer;
(F) a corporation described by Public Utility Regulatory Act
§32.053 to the
extent the corporation sells electricity exclusively at
wholesale and not to
the ultimate consumer;
(G) an electric cooperative;
(H) a retail electric provider;
(I) the state of Texas or an agency of the state; or
(J) a person not otherwise an electric utility who:
(i) furnishes an electric service or commodity only to itself,
its
employees, or its tenants as an incident of employment or
tenancy, if that service or commodity is not resold to or used
by
others;
(ii) owns or operates in this state equipment or facilities to
produce,
generate, transmit, distribute, sell or furnish electric energy
to an
electric utility, if the equipment or facilities are used
primarily
to produce and generate electric energy for consumption by
that
person; or
(iii) owns or operates in this state a recreational vehicle park
that
provides metered electric service in accordance with Texas
Utilities Code, Subchapter C, Chapter 184.
(42) Energy efficiency -- Programs that are aimed at reducing
the rate at which
electric energy is used by equipment and/or processes. Reduction
in the rate of
energy used may be obtained by substituting technically more
advanced
equipment to produce the same level of end-use services with
less electricity;
adoption of technologies and processes that reduce heat or other
energy losses; or
reorganization of processes to make use of waste heat. Efficient
use of energy by
customer-owned end-use devices implies that existing comfort
levels,
convenience, and productivity are maintained or improved at a
lower customer
cost.
(43) Energy efficiency measures -- Equipment, materials, and
practices that when
installed and used at a customer site result in a measurable and
verifiable
reduction in either purchased electric energy consumption,
measured in kilowatt-
hours (kWh), or peak demand, measured in kW, or both.
(44) Energy efficiency project -- An energy efficiency measure
or combination of
measures installed under a standard offer contract or a market
transformation
contract that results in both a reduction in customers’ electric
energy consumption
and peak demand, and energy costs.
(45) Energy efficiency service provider (EESP) -- A person who
installs energy
efficiency measures or performs other energy efficiency
services. An energy
efficiency service provider may be a retail electric provider or
large commercial
customer, if the person has executed a standard offer
contract.
(46) Energy savings -- A quantifiable reduction in a customer’s
consumption of
energy.
(47) ERCOT protocols -- Body of procedures developed by ERCOT to
maintain the
reliability of the regional electric network and account for the
production and
delivery of electricity among resources and market participants.
The procedures,
initially approved by the commission, include a revisions
process that may be
-
CHAPTER 25. SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
Subchapter A. GENERAL PROVISIONS
Effective 5/13/18
(P 47343)
appealed to the commission, and are subject to the oversight and
review of the
commission.
(48) ERCOT region -- The geographic area under the jurisdiction
of the commission
that is served by transmission service providers that are not
synchronously
interconnected with transmission service providers outside of
the state of Texas.
(49) Exempt wholesale generator -- A person who is engaged
directly or indirectly
through one or more affiliates exclusively in the business of
owning or operating
all or part of a facility for generating electric energy and
selling electric energy at
wholesale who does not own a facility for the transmission of
electricity, other
than an essential interconnecting transmission facility
necessary to effect a sale of
electric energy at wholesale, and who is in compliance with the
registration
requirements of §25.109 of this title (Registration of Power
Generation
Companies and Self-Generators).
(50) Existing purchased power contract -- A purchased power
contract in effect on
January 1, 1999, including any amendments and revisions to that
contract
resulting from litigation initiated before January 1, 1999.
(51) Facilities -- All the plant and equipment of an electric
utility, including all
tangible and intangible property, without limitation, owned,
operated, leased,
licensed, used, controlled, or supplied for, by, or in
connection with the business
of an electric utility.
(52) Financing order -- An order of the commission adopted under
the Public Utility
Regulatory Act §39.201 or §39.262 approving the issuance of
transition bonds and
the creation of transition charges for the recovery of qualified
costs.
(53) Freeze period -- The period beginning on January 1, 1999,
and ending on
December 31, 2001.
(54) Generation assets -- All assets associated with the
production of electricity,
including generation plants, electrical interconnections of the
generation plant to
the transmission system, fuel contracts, fuel transportation
contracts, water
contracts, lands, surface or subsurface water rights,
emissions-related allowances,
and gas pipeline interconnections.
(55) Generation service -- The production and purchase of
electricity for retail
customers and the production, purchase and sale of electricity
in the wholesale
power market.
(56) Good utility practice -- Any of the practices, methods, and
acts engaged in or
approved by a significant portion of the electric utility
industry during the relevant
time period, or any of the practices, methods, and acts that, in
the exercise of
reasonable judgment in light of the facts known at the time the
decision was made,
could have been expected to accomplish the desired result at a
reasonable cost
consistent with good business practices, reliability, safety,
and expedition. Good
utility practice is not intended to be limited to the optimum
practice, method, or
act,